BIL 121 Draft 03 2022-2024 - Laserfiche WebLink

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Section 25-4-16.21. Transient accommodation rental enforcement account. (a) The "short-term vacation rental enforcement fiend" created pursuant to section 10-12, Hawaii County Charter, shall be renamed the "transient accommodation rental enforcement fund." This fund shall be administered by the director. (b) This account shall be funded by all fees and fines collected in connection with the administration and enforcement of the County's transient accommodation rental law. (c) The funds in this account shall be utilized to pay for expenses that facilitate the administration and enforcement of the County's transient accommodation rental law. Section 25-4-16.22. Transient accommodation rental administrative enforcement. (a) If the director finds that any persons have violated the provisions of this chapter, in addition to the fines established in section 16-4-16.19 and any criminal fines, the director shall impose additional fines in the amount of two times the highest daily at which the transient accommodation rental has been advertised. (b) The owner and host shall be jointly and severally liable for all fees and fines imposed in connection with the transient accommodation rental. Section 25-4-16.23. Notice of violation and appeal. (a) Notice of a violation of the transient accommodation rental standards shall be transmitted in writing within ten days of the director's determination that a violation has been committed. Written notice of violation shall be provided via certified mail. (b) Service of the notice of violation upon the operator shall be effective as though served upon the host and the property owner. In the event that the operator is not the property owner, a copy of the notice of violation shall also be mailed to the property owner at the address of the property owner on file with the real property tax division of the County of Hawaii. (c) Within thirty days after the transmittal of the notice of violation and order, any person adversely affected by the notice of violation and order mayappeal the notice of violation and order to the board of appeals as provided by section 6-9.2, Hawaii County Charter and sections 25-2-20 through 25-2-25, Hawai`i County Code. An appeal to the board of appeals shall not stayprovisions of the order pending; the final decision of the board of appeals. Section 25-4-16.24. Suspension and nonrenewal of transient accommodation rental rel4istrations and nonconforming use certificates. (a) If a transient accommodation rental receives three or more enforcement actions in violation of this chapter within a twelve-month period, the director shall suspend their transient accommodation rental registration and their nonconforming use certificate if applicable, for a period of two , years. (b) The director may also refuse to renew a certificate of registration if the applicant has not addressed an enforcement violation. Section 25-446.25. Property tax assessment for transient accommodation rentals. (a) When any portion of a dwelling is rented or leased for less than one hundred eighty days at a time during the assessment year, the entire property will be ineligible for the real property homeowner tax classification pursuant to section 19-53. The real 13